VERO BEACH - Parents of a youth who drowned in rough surf near South Beach in 2007 have lost a civil lawsuit contending the city and county were negligent in the death, court records show.

Gifford resident Eric Brown, 14, disappeared in the ocean after being caught in a rip current while aiding a friend who was floundering in the water near South Beach.

Brown’s parents, Eric Brown and Dorothy Scott, filed a lawsuit in Indian River Circuit Court after the two governments didn’t offer a financial settlement.

On Thursday, Circuit Judge Paul Kanarek dismissed the lawsuit, said the county’s special attorney, Paul Berg.

“It was a tragic accident,” Burg said. However, the Legislature decided that the state, counties and cities can’t be responsible for changing conditions in the surf, he said Friday.

The lawsuit didn’t list the amount of financial damages sought.

The parents’ attorney, Joseph Graves of Vero Beach, said, “I respect the judge’s decision but we will appeal to the Fourth District Court of Appeals.

“A local government is responsible for the safety of persons at public beaches,” Graves said.

The boy entered the water about 50 yards south of the boundaries of the city’s South Beach Park where lifeguards were on duty. That day, the park was flying a red warning flag signifying strong rip currents, heavy surf and that only strong swimmers should enter the water, county reports show.

However, the parents’ lawsuit contended that Eric wasn’t aware of the rip current “which dragged (his body) from the shore and caused him to drown,” reports show.

The body was never found despite a multi-day search.

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